Daniel Leonard's letter of January 9 1775
January 9, 1775
The security of the people from internal rapacity and violence, and from foreign invasion, is the end and design of government. The simple forms of government are monarchy, aristocracy and democracy, that is, where the authority of the state is vested in one, a few, or the many. Each of these species of government has advantages peculiar to itself, and would answer the ends of government, where the persons intrusted with the authority of the state, always guided themselves by unerring wisdom and public virtue; but rulers are not always exempt from the weakness and depravity which make government necessary to society. Thus monarchy is apt to rush headlong into tyranny, aristocracy to beget faction and multiplied usurpations, and democracy to degenerate into tumult, violence and anarchy. A government formed upon these three principles in due proportion, is the best calculated to answer the ends of government, and to endure. Such a government is the British constitution, consisting of King, Lords and Commons, which at once includes the principal excellencies, and excludes the principal defects of the other kinds of government. It is allowed, both by Englishmen and foreigners to be the most perfect system that the wisdom of ages has produced. The distributions of power are so just, and the proportions so exact, as at once to support and controul each other. An Englishman glories in being subject to, and protected by, such a government. The colonies are a part of the British empire. The best writers upon the law of nations, tell us, that when a nation takes possession of a distant country, and settles there, that country though separated from the principal establishment, or mother country, naturally becomes a part of the state, equal with its ancient possessions. Two supreme or independent authorities cannot exist in the same state. It would be what is called imperium in imperio, the height of political absurdity. The analogy between the political and human bodies is great. Two independent authorities in a state would be like two distinct principles of volition and action in the human body, dissenting, opposing and destroying each other. If then we are a part of the British empire, we must be subject to the supreme power of the state which is vested in the estates of parliament, notwithstanding each of the colonies have legislative and executive powers of their own, delegated or granted to them, for the purposes of regulating their own internal police, which are subordinate to, and must necessarily be subject to the checks, controul and regulation of the supreme authority of the state.
This doctrine is not new, but the denial of it is. It is beyond a doubt that it was the sense both of the parent country, and our ancestors, that they were to remain subject to parliament. It is evident from the charter itself, and this authority has been exercised by parliament, from time to time, almost ever since the first settlement of the country, and has been expressly acknowledged by our provincial legislatures. It is not less our interest, than our duty, to continue subject to the authority of parliament, which will be more fully considered hereafter. The principal argument against the authority of parliament, is this, the Americans are entitled to all the privileges of an Englishman, it is the privilege of an Englishman to be exempt from all laws that he does not consent to in person, or by representative; `be Americans are not represented in parliament, and therefore are exempt from acts of parliament, or in other words, not subject to its authority. This appears specious; but leads to such absurdities as demonstrate its fallacy. If the colonies are not subject to the authority of parliament, Great-Britain and the colonies must be distinct states, as completely so as England and Scotland were before the union, or as Great-Britain and Hanover are now; The colonies in that case will owe no allegiance to the imperial crown, and perhaps not to the person of the King, as the title of the crown is-derived from an act of parliament, made since the settlement of this province, which act respects the imperial crown only. Let us waive this difficulty, and suppose allegiance due from the colonies to the person of the King of Great-Britain, he then appears in a new capacity, of King of America, or rather in several new capacities, of King of Massachusetts, King of Rhoda Island, King of Connecticut, &c., &c. For if our connexion with Great-Britain by the parliament be dissolved, we shall have none among ourselves, but each colony become as distinct from the others, as England was from Scotland, before the union. . . . But let us suppose the same prerogatives inherent in the several American crowns, as are in the imperial crown of Great-Britain, where shall we find the British constitution that we all agree we are entitled to? We shall seek for it in vain in our provincial assemblies. They are but faint sketches of the estates of parliament. The houses of representatives or Burgesses, have not all the powers of the House of Commons, in the charter governments they have no more than what is expressly granted by their several charters. The first charters granted to this province did not impower the assembly to tax the people at all. Our Council Boards are as destitute of the constitutional authority of the House of Lords, as their several members are of the noble independence and splendid appendages of Peerage. The House of Peers is the bulwark of the British constitution, and through successive ages, has withstood the shocks of monarchy, and the sappings of Democracy, and the constitution gained strength by the conflict. Thus the supposition of our being independent states, or exempt from the authority of parliament, destroys the very idea of our having a British constitution. The provincial constitutions, considered a subordinate, are generally well adapted to those purpose of government, for which they were intended, that is, to regulate the internal police of the several colonies; but have no principle of stability within themselves, they may support themselves in moderate times, but would be merged by the violence of turbulent ones, and the several colonies become wholly monarchial, or wholly republican, were it not for the checks, controuls, regulations, and support of the supreme authority of the empire. Thus the argument that is drawn from their first principle of our being entitled to English liberties, destroys the principle itself,it deprives us of the Bill of Rights, and all the benefits resulting from the revolution of English laws, and of the British constitution.
Our patriots have been so intent upon building up
American rights, that they have overlooked the rights of
Great-Britain, and our own interest. Instead of proving
that we are entitled to privileges that our fathers knew our
situation would not admit us to enjoy, they have been
arguing away our most essential rights. If there be any
grievance, it does not consist in our being subject to the
authority of parliament, but in our not having an actual
representation in it. Were it possible for the colonies to
have an equal representation in Parliament, and were
refused it upon proper application, I confess I should
think it a grievance; but at present it seems to be allowed
by all parties, to be impracticable, considering the colonies
are distant from Great-Britain a thousand transmarine
leagues. If that be the case, the right or privilege, that we
complain of being deprived of, is not withheld by Britain,
but the first principles of government, and the immutable
laws of nature, render it impossible for us to enjoy it. ....
Allegiance and protection are reciprocal.It is our highest interest to continue a part of the British empire; and equally our duty to remain subject to the authority of parliament. Our own internal police may generally be regulated by our provincial legislatures, but in national concerns, or where our own assemblies do not answer the ends of government with respect to ourselves, the ordinance or interposition of the great council of the nation is necessary. In this case, the major must rule the minor. After many more centuries shall have rolled away, long after we, who are now bustling upon the stage of life, shall have been received to the bosom of mother earth, and our names are forgotten, the colonies may be so far increased as to have the balance of wealth, numbers and power, in their favour, the good of the empire make it necessary to fix the seat of government here; and some future George, equally the friend of mankind with him that now sways the British sceptre, may cross the Atlantic, and rule Great-Britain, by an American parliament